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Are Libel Charges Covered in Liability Insurance?

9/5/2017

 
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Are Libel Charges Covered in Liability Insurance?
Slander and libel are undeniably complicated issues in any context, and are among the few types of speech not protected by the First Amendment to the U.S. Constitution. Spoken (slanderous) and written (libelous) defamatory statements about another individual, company or organization, which can be reasonably proven as false by their target, expose their speakers or writers to crippling financial penalties if brought to civil court. 

With all this in mind, it's important for professionals to know how to deal with slander and libel - whether they or their companies are its target or another party accuses them of either offense. Similarly, editors and other media personnel occupying supervisory positions at newspapers, magazines, online publications and TV news bureaus must have plans of action if their reporters are unjustly accused of slanderous or libelous work. On either side of this issue, knowing how insurance pertains to these matters is also vital.

Does insurance cover slander and libel?
Yes: Many forms of insurance have certain protections for slander and libel if you're accused of these offenses, such as in the context of a business dispute.

Business owners and employees may be covered for any financial obligations owing from accusations of slander and libel, according to the Insurance Information Institute (I.I.I.). Offenses similar to these, such as copyright infringement and unauthorized use of another individual or organization's intellectual property - as would occur if you mimicked a business's advertising strategy – may also be covered. These protections could apply whether you're found responsible for the offenses or not.

In commercial general liability policies, the "personal and advertising injury" category covers slander and libel. Meanwhile, business owners policies provide slander and libel coverage as part of their liability provisions.

Protections for journalists and writers
A media organization that employs salaried staff writers can cover expenses related to libel and slander charges as part of its liability insurance, according to the Reporters Committee for Freedom of the Press (RCFP), a nonprofit advocate for the rights of journalists. However, when freelance writers receive such accusations, they may not be covered due to their status as 1099 independent contractors, or could be required to pay a portion of the legal expenses rather than receive the full insurance protection of the business. The RCFP states that web-based writers are especially vulnerable to these accusations.

The I.I.I. notes that many homeowners and renters insurance policies with liability coverage may also insure you against libel or slander claims. Remember, though, that specific terms often apply, such as high minimum coverage amounts, particularly in renters' policies.

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  • Business
  • Auto
  • Home
  • Digital Toolbox
    • LinkedIn Best Practices
  • Flood
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    • Coronavirus Information
    • Spring Maintenance Guide
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    • Winter Preparation For Your Home
    • Winter Preparation For Your Business
    • Winter Preparation For Your Vehicle
    • Hurricane Preparation